Item F32 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 20,2012 Division: Public Works/En u�g
Bulk Item: Yes x No — Department: Unin.Parks&Beaches
Staff Contact Person/Phone#: Beth Leto/292-4560
AGENDA ITEM WORDING: Approval of new Management Agreement with the YMCA of
Greater Miami,Inc.for management and operation of the Key Largo Community Park and Skate Park.
ITEM BACKGROUND: Since May 15,2000,the YMCA has managed the Key Largo Community
Park and provided recreational programs, including the Skate Park which was added in March, 2006.
Pursuant to an audit by the Clerk of the Court, the new agreement will comply with audit findings and
recommendations.
PREVIOUS RELEVANT BOCC ACTION: On February 15, 2000, the BOCC approved the
original agreement; on March 25, 2006, the Board approved an amendment to add operation and
management of the skate park. At the April 25, 2007,bid opening, the YMCA was the lone bidder to
provide these services.
CONTRACT/AGREEMENT CHANGES: New contract term is November 1, 2012 to September
30, 2017; increases annual payment to contractor from$83,069.52 to $85,500; provides for pre-audit
of contractor expenses on a reimbursable basis, similar to contracts with other agencies and private
non-profits that provide public services, to ensure expenditure of public funds are appropriate and that
funds and donations are appropriately reported and spent; increases allowable YMCA administrative
overhead from 5% to 11%; County shall receive $31,480 as initial reimbursement amount and
thereafter 25% of the settlement amount will be available to the County for park upkeep and
improvements; and net revenues generated at the park will be held and maintained in a separate fund
earmarked for Contractor programming and activities and/or County park upkeep and improvements.
The new agreement has been reviewed by the Florida Communities Trust(FCT).
STAFF RECOMMENDATIONS: Approval
TOTAL COST: 85 500/ . INDIRECT COST: 0 BUDGETED: Yes X No
147-20503-530340
DIFFERENTIAL OF LOCAL PREFERENCE: n/a
COST TO COUNTY: n/a SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes_ No X 7OUNTPERMONTH Year
APPROVED BY: County .Atty. f OMB/Purc`lf wing Risk Management
DOCUMENTATION: Included Not Required
DISPOSITION: AGENDA ITEM#
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: YMCA Contract#
Effective Date: November 1, 2012
Expiration Date: October 31 , 2017
Contract Purpose/Description: Management of Key Largo Community Park&Skate Park.
Contract Manager. Beth Leto 4560 Public Works—Stop 1
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on: November 20,2012 Agenda Deadline: November 06,2012
CONTRACT COSTS
Total Dollar Value of Contract: $05,500.00 Current Year Portion: same
Budgeted?Yes® No❑ Account Code: 147-20503-530340
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: For:
(Not included in dollar value above) (e.g.,maintenance,utilities,janitorial,salaries,etc.)
CONTRACT REVIEW
Changes
Da In Needed Reviewer D to Out
Division Director 1i Yeso Nob'/ i( L
Risk Mana a nt 1� Yeses Noo
O.M.B./Pur asing Yeso No®
County Attorney I_I � Yes❑ No( � —
Comments:
MANAGEMENT AGREEMENT
(Key Largo Community Park& Skate Park)
This Management Agreement ("Agreement") is made and entered into as of November
20, 2012, by and between MONROE COUNTY, FLORIDA, a political subdivision of the State
of Florida, (hereinafter, "COUNTY), and The Young Men's Christian Association of Greater
Miami, Inc., (hereinafter, "CONTRACTOR"), for management, operation and provision of
programming at the Key Largo Community Park and Skate Park, as follows:
WITNESSETH:
WHEREAS, the site of the Key Largo Community Park was obtained through a grant
from the Florida Communities Trust for the purposes of providing recreational and open space
opportunities for present and future residents and visitors; and
WHEREAS, the Florida Communities Trust grant agreement requires the property to be
used for public outdoor recreation and protection/enhancement of natural resources; and
WHEREAS, it is a legitimate public purpose to provide facilities and services for
recreational use and social functions of the community in a wholesome environment free from
drugs and alcohol; and
WHEREAS, the COUNTY and CONTRACTOR entered into a management agreement
on February 16, 2000, which agreement is currently on a month-to-month basis; and
WHEREAS, both parties desire to enter into a new long-term agreement, further defining
the rights and responsibilities of each; and
WHEREAS, the parties desire to further set forth in this Agreement (in Section 9
regarding the "Settlement Amount") their mutual understandings and agreements regarding the
resolution of the County's auditors' findings following the auditors' review of
CONTRACTOR's records relating to the Park.
NOW, THEREFORE, in consideration of the covenants hereinafter to be kept and
preformed, the COUNTY and the CONTRACTOR agree that the CONTRACTOR shall manage
and schedule recreational activities at that certain property described as follows:
1. PREMISES. 500 St. Croix Place, Key Largo, Florida (Lots 312 to 384, Port Largo
Fourth Addition, Section 33, Township 615, Range 39E, Monroe County, Florida). This parcel
contains 615,623 square feet and is known as the Key Largo Community Park and Skate Park
(hereinafter, the "PARK").
2. TERM. The term of this management agreement shall be for five (5) years, commencing
November 1, 2012, and shall continue from year to year unless specifically cancelled by either
party by providing at least 60 days prior written notice to the other party of its election to cancel,
subject to paragraph 19 of this agreement.
3. USE OF PREMISES. The PARK shall be actively used to provide recreational programs
for the Upper Keys area. The COUNTY hereby enters into this management agreement with
CONTRACTOR to manage, direct and operate said recreational programs. During operating
hours, the CONTRACTOR will be held responsible for reasonable supervision of the Park. If
the CONTRACTOR observes any activity which it reasonably believes to be a nuisance or an
illegal activity, including alcoholic beverages or unlawful narcotics being possessed, used or
consumed by persons on the premises, the CONTRACTOR will promptly contact the Public
Works representative listed in Section 30 of this agreement and the Monroe County Sheriffs
Office, either of which shall then take steps, if appropriate, to address such nuisance or illegal
activity.
4. HOURS OF OPERATION. The COUNTY is responsible for opening and closing the
PARK. PARK hours of operation are established by the Board of County Commissioners of
Monroe County, Florida, and are currently set from 7:00 a.m. to 8:30 p.m., seven days per week,
365 days per year. All CONTRACTOR programs will take place during the hours of operation
of the PARK, except for the following holidays: New Year's Eve, New Year's Day, Easter
Sunday, Memorial Day, Labor Day, Thanksgiving Day, Christmas Eve and Christmas Day.
5. SCHEDULING OF ACTIVITIES. CONTRACTOR shall have the first right to use the
PARK for its regularly scheduled programming; provided, however, that the COUNTY and
CONTRACTOR shall cooperate in good faith to agree upon the schedule for league usage,
which shall be substantially similar to historic usage by other the leagues at the Park (such
leagues or similar replacement leagues, "Leagues"). All other use of the PARK shall be handled
on a first come, first serve basis; provided, however, that CONTRACTOR agrees to leave one
basketball court, one baseball field and two tennis courts (at least one lighted tennis court) open
for use by the general community, except that during a League's season, during which time the
CONTRACTOR may fully utilize all fields and/or courts for the activities of the given League.
CONTRACTOR shall have ultimate discretion in determining scheduling for all PARK activities
and requests for use of or events at the PARK. Notwithstanding other provisions of this
Agreement to the Contrary(including Section 22), the CONTRACTOR will be exempt from any
liability for any incidents not directly related to CONTRACTOR's programming and/or events,
unless due to its negligence or omission in connection with its responsibilities under this
Agreement. During times that are not scheduled for the CONTRACTOR's programming, the
CONTRACTOR agrees to allow the COUNTY the right to take precedence in scheduling
authorized activities or events, no more than ten (10) days in a calendar year, at the PARK;
provided, however, that the COUNTY will provide at least 10 calendar days notice to
CONTRACTOR of such preempting events or activities, and CONTRACTOR will be exempt
from liability for said events, unless caused by CONTRACTOR'S negligence or omission.
CONTRACTOR shall, as a condition to scheduling and permitting usage of the PARK, require
parties requesting such usage to satisfactorily complete and return to the CONTRACTOR (a)
each document, instrument and/or agreement required by the COUNTY, as provided in Exhibit
C, attached hereto; and (b) the CONTRACTOR's Use of Facility Contract, in substantially the
form and substance attached hereto as Exhibit D, as may be revised by the CONTRACTOR
from time to time. In addition, the CONTRACTOR may establish eligibility requirements for
usage of the PARK (such as residency, medical condition, age, background checks, the
COUNTY'S required documents, instruments and agreements, CONTRACTOR's standard
waiver and release, etc.), which rules shall be submitted to the COUNTY for approval.
6. FEES AND PROGRAMS. Without limiting Section 5, CONTRACTOR will have
overall scheduling oversight of all youth baseball and soccer leagues to ensure that no Leagues
overlap; however, such Leagues are exempt from paying any CONTRACTOR fees but shall
instead pay the fees specified below. No participant will ever be turned away from the
CONTRACTOR'S programs unless such participant fails to pay the applicable fees for such
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program, fails to meet program eligibility and participation requirements and rules and/or
engages in conduct which the CONTRACTOR deems to be a violation of park rules promulgated
or established from time to time. The CONTRACTOR agrees to offer programs at reasonable
rates and to allow all persons into their programs as long as they pay the required fees, comply
with applicable eligibility requirements and otherwise do not engage in conduct which the
CONTRACTOR deems to be a violation of park rules promulgated or established from time to
time. If the CONTRACTOR adjusts the rates, then the CONTRACTOR shall provide the
COUNTY with notice thereof. The CONTRACTOR'S current rates are as set forth in Exhibit
E. The CONTRACTOR may add additional programming at the Park from time to time, with
the consent of the COUNTY, not to be unreasonable refused, delayed or conditioned.
7. CONCESSION STAND. The CONTRACTOR shall operate the concession stand
located at the PARK based upon demand or during scheduled events and programs. The
concession stand shall not be open beyond PARK hours except during properly scheduled
activities and events. Commodities to be sold at the concession stand may include typical
concession items, but shall also provide for an alternative for healthy foods, drinks, real juice
products, bottled water and snacks. All concession items must be sold at prices reasonably
comparable to similar items at other like concessions in the surrounding area. No items may be
sold in glass containers. The COUNTY acknowledges that the CONTRACTOR has no liability
or obligation with respect to any of the acts or omissions of any organization, other than
CONTRACTOR, that is permitted to utilize the concession stand (such organization, an "Other
Organization"). Moreover, the CONTRACTOR shall have no oversight responsibility with
respect to revenues generated by any Other Organizations in connection with its operation of the
concession. The COUNTY agrees that the CONTRACTOR may install and maintain at the
concession separate storage and locking mechanisms to secure CONTRACTOR's product and
other property at the concession facility and, furthermore, agrees to reasonably cooperate with
the CONTRACTOR to enable the CONTRACTOR to effectively separate its product, property
and business from that of the Other Organizations at the concession stand. The CONTRACTOR
will furnish all reasonably necessary equipment and furnishings needed for its (and not other
organizations) operation of the concession stand, and upon termination of this Agreement, all
such equipment and furnishings will become or remain, as applicable, the property of the
CONTRACTOR. The COUNTY has installed all electrical wiring and plumbing needed to
allow CONTRACTOR to have the concession equipment properly installed. In the event that
CONTRACTOR desires to subcontract its operation of the concession stand to a third party, the
CONTRACTOR shall provide sixty (60) days prior written notice and information, to the
COUNTY and Florida Communities Trust ("FCT"), regarding operation of any concession by
such third party other than the CONTRACTOR. Documentation of revenues from all sales from
the Contractor's (and not any Other Organization's operation) concession stand shall be provided
to the COUNTY, along with documentation that shows the use of Net Revenues services,
programs, activities at the Park, or improvements to the Park on a combined basis with the
CONTRACTOR's accounting and reporting requirements pursuant to Section 9, below.
Memoranda of Agreement or language added to the COUNTY'S Facilities Use Form shall be
used to require similar account by any third party subcontractors of the CONTRACTOR. If such
third party subcontractor has otherwise been approved to operate the concession stand and time
constraints do not allow for 60 days notice prior to beginning the operation of the concession,
then the third party subcontractor may proceed with operations, but the operation is subject to
FCT access to additional information as requested.
8. SKATE PARK.
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A. On June 21, 2006, COUNTY approved Resolution No. 239-2006, adopting rules and
regulations governing the use of the Key Largo Skate Park, and the CONTRACTOR shall
manage and operate the Skate Park in accordance with said rules and regulations, as same may
be amended from time to time (Resolution No. 239-2006 is attached to this Agreement and
marked Exhibit F). The CONTRACTOR shall carry liability insurance which covers skate park
operations and shall name Monroe County as an additional insured for such coverage per Section
23 of this agreement.
B. The Skate Park shall open at 10:00 a.m. each day, other than New Year's Eve, New
Year's Day, Easter Sunday, Memorial Day, Labor Day, Thanksgiving Day, Christmas Eve
and Christmas Day, and shall remain open as follows:
Until 6:00 p.m.: November, December, and January;
Until 6:30 p.m.: February;
Until 7:00 p.m.: March, April and October;
Until 8:00 p.m.: May and September;
Until 8:30 p.m.: June, July and August.
C. At some time in the future, the County may include BMX bikes as an allowed activity
at the Skate Park, and may have lighting installed at the Skate Park to allow it to remain open
after dark. If these changes are made, this Agreement will be amended to include BMX bikes
and additional operating hours as activities requiring supervision and management by the
CONTRACTOR.
9. PARK REVENUES/CONCESSION REVENUES. All Net Revenue generated at the
PARK site by the CONTRACTOR must be earmarked (the "Park Fund") and used for
Contractor's programming and activities at the park (e.g., scholarships for such programming
and activities) and/or upkeep and park improvements at the Park. The CONTRACTOR shall
provide the COUNTY on a quarterly basis with a statement showing the current balance,
including documentation showing all Gross Revenue and Operating Expenses. Upon termination
or expiration of this Agreement, the Net Revenue remaining in the Park Fund (which funds have
not been applied to uses at the Park), with documentation provided of the application, shall be
remitted to the COUNTY. All PARK revenue records and accounts must be kept according to
generally accepted accounting principles and made available upon reasonable advance notice
during regular business hours (Monday-Friday, 9:00 a.m. - 5:00 p.m., holidays excepted) to
auditors employed by either Monroe County or the State of Florida. If, after an auditor
employed by the COUNTY or the State has conducted an audit, it is ultimately determined that
revenue generated at the PARK was spent for a purpose or purposes not authorized by this
contract, then, after complying with any applicable procedure of the State for appeal, the
CONTRACTOR must pay over to the COUNTY the sum determined by the auditor to be
improperly spent. The COUNTY may only use the refunded sum for PARK upkeep and
improvements. For purposes of this Agreement, the following capitalized terms will have the
meanings set forth below:
a. "Gross Revenue" means all revenue actually received by the CONTRACTOR for
admission and/or program fees at the Park, vending and concession sales, facility
rentals and the like. Gross Revenue does not include grants or donations (which
are separately addressed in Section 17 of this Agreement) or any revenue
generated from programming or other activities which do not take place at the
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Park or which is not received by the CONTRACTOR (e.g., league fees or
concession sales collected by other organizations).
b. "Net Revenue"means Gross Revenue minus Operating Expenses.
c. "Operating; Expenses" means all expenditures by the CONTRACTOR for the
costs and expenses incurred by the CONTRACTOR in connection with the
management, upkeep, maintenance, repairs, replacements, operation and
provision of programming at the Park and the Park facilities, including without
limitation: payments of insurance premiums, amounts not covered by insurance
deductibles and settlement amounts; legal fees and costs and expenses; utilities;
repairs and maintenance; equipment; supplies; salaries, wages, benefits and any
associated taxes; travel; marketing and promotions; training; and any and all
other items which are customarily considered to be "operating expenses". In
addition, "Operating Expenses" shall include a sum not to exceed eleven (11%)
percent of the Gross Revenues to compensate CONTRACTOR for its general
administrative overhead (e.g., bookkeeping, payables and receivables, payroll,
human resources, information technologies and marketing).
Following an audit by the Clerk of Monroe County's auditors, the parties hereby stipulate and
agree, for purposes of a settlement, that a sum totaling One Hundred and Thirty-three Thousand
Nine Hundred and Thirty-four Dollars and Sixty-nine Cents ($133,934.69, such amount, the
"Settlement Amount") will be expended and/or utilized by the CONTRACTOR for additional
CONTRACTOR programming and/or scholarships for CONTRACTOR programming and/or
upkeep and improvements at the Park, or such other matters as the CONTRACTOR and the
COUNTY may mutually agree. The parties agree that covenants in this Agreement in regard to
the Settlement Amount are intended as a full and complete resolution and settlement of any and
all accounting matters for periods prior to the effective date of this Agreement. The parties
acknowledge that approximately one-fifth of the Settlement Amount (each, an "Annual
Installment") will be utilized and/or expended (as appropriate) in each calendar year during the
initial five year term of this Agreement; provided, however that the parties agree that such
amounts may fluctuate from one calendar year to the next so long as one hundred percent of the
Settlement Amount is fully exhausted during the initial five year term of this Agreement. The
Parties acknowledge and agree that $31,480.00 (the "Initial Reimbursement Amount") of the
Settlement Amount will be paid to the COUNTY as a reimbursement on or prior to February 1,
2013. As to the remaining balance of the Settlement Amount, the Parties must review and
approve, using reasonable discretion, the uses of the Settlement Amount;provided, however, that
it is acknowledged and agreed that seventy-five percent (75%) of the remaining balance of the
Settlement Amount may be used by the CONTRACTOR for programming and activities at the
Park (including, scholarships) or upkeep and improvements, at the CONTRACTOR's discretion.
The COUNTY may submit invoices to the CONTRACTOR for the COUNTY's portion of the
Settlement Amount which amounts shall be paid as soon as reasonably practical. If the
COUNTY seeks reimbursement from the Settlement Amount for any calendar year where the
combination of the COUNTY's requested reimbursement (including any part of the Initial
Reimbursement Amount) plus the amount of the CONTRACTOR's planned expenditures for
any given year (as evidenced in any plan submitted to the COUNTY) would exceed an Annual
Installment, then the CONTRACTOR shall have the right to defer payment of that portion of the
COUNTY's requested reimbursement until the following calendar year. The CONTRACTOR
shall provide the COUNTY on a quarterly basis with a statement showing the current account
balance of the Settlement Amount and evidence that the funds, previously reviewed and
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approved by the parties, expended and/or utilized by the CONTRACTOR for programming
(including scholarships) and/or upkeep and improvements at the Park were spent or utilized for
the approved purpose. The method of accounting relating to the Settlement Amount should be in
accordance with Generally Accepted Accounting Principles. In the event of a termination of this
Agreement or funding prior to the end of the natural term, the parties acknowledge and agree that
the following shall be applicable with respect to the balance of the Settlement Amount as of such
termination:
a) In the event that the COUNTY terminates this Agreement without cause
pursuant to Section 2 or 19, the remaining balance of the Settlement
Amount will paid to the County by not later than 5 years from the
effective date of the termination.
b) In the event that that CONTRACTOR terminates this agreement without
cause pursuant to Section 2 or 19, the remaining balance of the
Settlement Amount shall be paid to the County within 30 days of the
effective date of such termination.
c) In the event that the COUNTY terminates funding under this Agreement
pursuant to Section 34, the CONTRACTOR shall have the right, but not
the obligation, to provide programming at the Park without the funding
contemplated pursuant to Section 10 in which case, the remaining
balance of the Settlement Amount may be utilized by the
CONTRACTOR to fund its operations at the Park; provided, however,
that if the CONTRACTOR does not elect to continue providing
programming at the Park, the CONTRACTOR shall pay to the County
the remaining balance of the Settlement Funds within 30 days of the
effective date of such termination.
10. CONTRACT AMOUNT. The COUNTY shall pay CONTRACTOR Eighty-five Thousand
Five Hundred Dollars ($85,500.00) (the "Maximum Reimbursement") per year on a
reimbursement basis equal to 1/12 of this amount, or $7,125.00 per month. If a reimbursement
request is less than the per month reimbursement amount of$7,125.00, the unused balance will
be rolled over and available for future reimbursement request. The CONTRACTOR shall
provide each reimbursement request to the Division of Public Works. The COUNTY shall only
reimburse, subject to the Maximum Reimbursement in any given year, those reimbursable
expenses which (a) are reviewed and approved as complying with Monroe County code of
Ordinance, State laws and regulations and (b) in substantial compliance with the Expense
Reimbursement requirements in Exhibit A. Evidence of payment by the CONTRACTOR shall
be in the form of a letter, summarizing the expenses, with supporting documentation attached.
The letter should contain a notarized certification statement. An example of a reimbursement
request cover letter is included as Exhibit B. The CONTRACTOR's final invoice must be
received within thirty (30) days after cancellation of this contract. The Maximum
Reimbursement shall not be deemed Gross Revenue.
After the Clerk of the COUNTY examines and approves the request for reimbursement, the
COUNTY shall reimburse the CONTRACTOR, however, the total of said reimbursement
expense payments in the aggregate sum shall not exceed the annual total amount of Eighty-five
Thousand Five Hundred Dollars ($85,500.00)
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11. OFFICE SPACE. The CONTRACTOR is permitted to set up an office and have
telephone service established in the press box. The CONTRACTOR and COUNTY will
mutually cooperate to provide for the CONTRACTOR's exclusive access to a sufficient portion
of the press box to ensure that CONTRACTOR's confidential and sensitive documents are
appropriately protected, and the CONTRACTOR shall not be required to allow use of such space
by other entities. The CONTRACTOR will be responsible for all furnishings, equipment, and
telephone charges associated with this office space.
12. UTILITIES. The COUNTY will be responsible for all regular utilities charges associated
with the PARK facilities leased by the CONTRACTOR, with the exception of telephone service
for the CONTRACTOR'S office located in the press box.
13. SIGNAGE. The CONTRACTOR is permitted to install signs and rules & regulations
signs, upon COUNTY approval, contingent upon CONTRACTOR receiving any necessary
permits, as well as appropriate approvals and clearances from utility companies. COUNTY will
install scheduling signs by the tennis courts, and signs for the Vita Course marking distances in
the PARK for mileage.
14. COMPLAINTS. The CONTRACTOR and THE COUNTY agree to work together in
close communication concerning all grievances and complaints. CONTRACTOR shall inform
COUNTY immediately of any incidents, accidents and calls to law enforcement.
15. IMPROVEMENTS. The COUNTY may remodel, renovate or reconstruct any buildings,
structures or pavilions on the premises; provided that if such remodeling, renovation or
reconstruction prevents or materially interferes with the CONTRACTOR'S use of its office
provided for in Section 10, then the COUNTY, at its cost and expense, shall provide
substantially comparable office space to the CONTRACTOR and shall relocate the
CONTRACTOR. In addition, the COUNTY is responsible for all resurfacing and major work at
the PARK. The CONTRACTOR may only make such improvements as are approved by both the
COUNTY and the FCT in writing.
16. MAINTENANCE. Notwithstanding anything to the contrary, COUNTY staff will
perform and be responsible for all maintenance, repairs and improvements of the buildings,
fields, grounds and improvements at the PARK and will maintain and stock the bathrooms daily.
Notwithstanding anything to the contrary, the COUNTY will accept any and all responsibility for
accidents and incidents related to the maintenance and renovation of the facility, unless caused
by CONTRACTOR'S negligence, and the CONTRACTOR will be exempt from any and all
liability, cost or expense (including attorneys fees) related to the COUNTY'S maintenance of the
facility. If the CONTRACTOR observes any conditions on site which it reasonably believes are
dangerous, the CONTRACTOR shall promptly contact the Public Works representative
indicated in Section 31 of this agreement.
17. FUNDRAISING. Any contributions or donations collected by the CONTRACTOR
through fundraising events directly located at the PARK site shall be used solely for
CONTRACTOR's programming and activities and/or maintenance, improvements and/or
programming at the PARK. The CONTRACTOR will be responsible for the collection of the
above-mentioned fundraising, but shall have no obligation to pursue any person for collection of
bounced checks or other non-payment. The CONTRACTOR will decide upon the appropriate
disbursements and allocation of these funds for maintenance, improvements and/or programming
at the PARK but shall obtain COUNTY and FCT approval in writing before making any
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improvements, and any audit by COUNTY or its agents which discloses improper application of
such funds to any use other than for maintenance, improvements and/or programming at the
PARK shall be repaid by the CONTRACTOR and the County will ensure that said funds be used
solely for maintenance, improvements and/or programming at the PARK. Contributions and/or
donations not related directly to events at the Park site shall not be deemed part of Gross
Revenue.
18. ACCOUNTING/INSPECTION OF BOOKS/ANNUAL AUDIT. Except as expressly
provided in this Agreement relating to the Settlement Amount, the CONTRACTOR shall
maintain its financial records in accordance with generally accepted accounting principles and
allow the COUNTY to inspect its books and records at any reasonable time upon reasonable
advance notice. The CONTRACTOR shall, at its expense, provide the COUNTY with an annual
audit prepared by an Independent Certified Public Accountant. The CONTRACTOR shall retain
all records pertaining to this management agreement for a period of four years after the term
expires.
19. CANCELLATIONS. Either party hereto may cancel this management agreement with or
without cause by giving the other party sixty (60) days written notice sent by certified mail of its
election to do so. The COUNTY will not be obligated to pay for any services provided by
CONTRACTOR after the effective date of termination, but shall remain liable after termination
of this agreement for all services provided prior thereto (including, without limitation, those
payments to be made in arrears under Section 10 and any reasonable termination payments made
to the Park Manager and other staff.
20. RETURN OF PREMISES. At the end of the term of this management agreement or any
extensions thereof, the CONTRACTOR shall vacate and peacefully surrender the premises to the
COUNTY.
21. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the
CONTRACTOR is an independent contractor and not an employee of the Monroe County Board
of County Commissioners. No statement contained in this management agreement shall be
construed so as to find the CONTRACTOR or any of its employees, contractors, servants or
agents to be employees of the Board of County Commissioners.
22. INDEMNIFICATION AND HOLD HARMLESS. Except as otherwise provided within
this agreement, the CONTRACTOR covenants and agrees to indemnify and hold harmless
Monroe County Board of County Commissioners, its officers, agents, servants and employees,
from any and all claims for bodily injury (including death), personal injury, and property
damages (including property owned by Monroe County), ordinary wear and tear excepted, and
any other losses, damages, and expenses (including reasonable attorney's fees) which arise out
of, in connection with, or by reason of services provided by the CONTRACTOR or any of its
subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or
omission of the CONTRACTOR or its subcontractors in any tier, their employees, or agents. In
the event that the service is delayed or suspended as a result of the CONTRACTOR'S failure to
purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY
from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of
remuneration paid to the CONTRACTOR is for the indemnification provided above. The extent
of liability is in no way limited to, reduced, or lessened by the insurance requirements contained
elsewhere with this agreement. This provision shall survive the expiration or earlier termination
of this agreement.
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23. INSURANCE. Prior to the CONTRACTOR taking possession of the property owned by
the COUNTY, or commencing its operations, the CONTRACTOR shall obtain, at its own
expense, insurance as follows:
a. General Liability Insurance. Coverage shall be maintained throughout the term of the
Agreement and include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
(including Skate Park Liability Insurance)
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit(CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provision should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
b. Vehicle Liability Insurance. Recognizing that the work governed by this Agreement
requires the use of vehicles, the CONTRACTOR, prior to commencement of work, shall obtain
Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contact and
include, as a minimum, liability coverage for:
• Owned,Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit(CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
9
c. Workers' Compensation. Prior to commencement of work governed by this
agreement, the CONTRACTOR shall obtain Workers' Compensation Insurance with limits
sufficient to respond to the applicable state statutes.
d. Employer's Liability Insurance. The CONTRACTOR shall obtain Employers'
Liability Insurance with limits of not less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease,policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
State of Florida.
If the CONTRACTOR has been approved by the Florida Department of Labor, as an authorized
self-insurer, the COUNTY shall recognize and honor the CONTRACTOR'S status. The
CONTRACTOR may be required to submit a Letter of Authorization issued by the Department
of Labor and a Certificate of Insurance, providing details of the CONTRACTOR'S Excess
Insurance Program.
If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the CONTRACTOR may be required to submit updated financial
statements from the fund upon request from the COUNTY.
The CONTRACTOR shall maintain the required insurance throughout the entire term of this
management agreement and any extension specified in any attached schedules. Failure to comply
with this provision may result in the immediate termination of the management agreement and
the return of all property owned by the COUNTY.
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required
insurance, either a certificate of insurance or a certified copy of the actual insurance policy.
The COUNTY, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
CONTRACTOR shall use commercially reasonable efforts to ensure that all insurance policies
must specify that they are not subject to cancellation, non-renewal, material change, or reduction
in coverage unless a minimum of thirty (30) days prior notification is given to the COUNTY by
the insurer.
The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed as
relieving the CONTRACTOR from any liability or obligation assumed under this management
agreement or imposed by law.
The Monroe County Board of County Commissioners will be included as an "Additional
Insured" on all policies including the policies of all organizations utilizing the PARK for
10
scheduled programs. Subject to review and agreement by the CONTRACTOR'S insurance
carrier, the COUNTY will also be named as "Loss Payee" with respect to Fire Legal Exposure.
Any deviations from these General Insurance Requirements must be requested in writing on the
COUNTY prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
24. COMPLIANCE WITH LAW. In providing all services pursuant to this management
agreement, the CONTRACTOR shall abide by all applicable statutes, ordinances, and rules and
regulations pertaining to or regulating the provisions of such services, including those in effect
and those hereinafter adopted. Any violation of said statutes, ordinances, resolutions or rules and
regulations shall constitute a material breach of this management agreement and shall entitle the
COUNTY to terminate this management agreement if such breach remains uncured thirty (30)
days after delivery of written notice of termination to the CONTRACTOR, and the COUNTY
may thereupon re-enter the premises. The CONTRACTOR shall also comply with all FCT
requirements.
In accordance with the grant contract between Monroe County and FCT, the CONTRACTOR
shall provide sixty (60) days prior written notice and information to the COUNTY and FCT,
regarding any sale or lease of any interest, operation of any concession, any sale or option to buy
things attached to the site, the granting of any management contracts, and any use authorized by
CONTRACTOR by any person other than in such person's capacity as a member of the general
public. THIS DOES NOT GRANT CONTRACTOR THE AUTHORITY TO ENTER INTO
ANY AGREEMENT REGARDING THE ABOVE, EXCEPT AS PROVIDED IN THIS
Agreement.
25. PROFESSIONAL RESPONSIBILITY/LICENSING/ARTICLES OF INCORPORATION.
The CONTRACTOR shall assure that all professionals employed or engaged by the
CONTRACTOR have current licenses and credentials necessary, if any, to perform the
respective services to be performed by such professionals at the PARK. Moreover, such
professionals shall be covered by appropriate professional liability insurance coverage. Upon
execution of this management agreement, the CONTRACTOR will provide the COUNTY with a
copy of its Articles of Incorporation and a list of its Board of Directors.
26. CONTRACT DOCUMENTS, MODIFICATIONS AND AMENDMENTS. The contract
documents include the Request for Proposals, the proposal by CONTRACTOR, and this
Agreement. Any and all modifications to this management agreement or to any of the services
provided shall require an amendment to this management agreement to be approved in writing by
both parties hereto. In accordance with the grant contract between Monroe County and FCT, the
CONTRACTOR shall provide sixty(60) days prior written notice and information to the FCT,
regarding any and all modifications to this agreement or to any of the services provided.
27. NO ASSIGNMENT. The CONTRACTOR shall not assign this management agreement
or sublease the premises except in writing and with prior written approval of the Board of
County Commissioners, which approval shall be subject to such conditions and provisions as the
Board may deem necessary. Any assignment of this management agreement or sublease of the
premises is subject to sixty (60) days prior written notice to both the COUNTY and notice and
information to the FCT, with both entities having to agree to the assignment in writing before it
can be effective. This management agreement shall be incorporated by reference into any
11
assignment and any assignee shall comply with all provisions herein. Unless expressly provided
for therein, such approval shall in no manner or event be deemed to impose any additional
obligation upon the COUNTY.
28. NON-DISCRIMINATION. COUNTY and CONTRACTOR agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court
order. COUNTY or CONTRACTOR agree to comply with all Federal and Florida statutes, and
all local ordinances, as applicable, relating to nondiscrimination. These include but are not
limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended
(20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination
on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-
616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. et seq.) as amended, relating to nondiscrimination in the
sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s.
1201 Note, as maybe amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Any other nondiscrimination provisions in any federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement. Monroe County Code Ch. 13,
Art. VI, prohibiting discrimination on the basis of race, color, sex, religion, disability, national
origin, ancestry, sexual orientation, gender identity or expression, familial status or age. 11) Any
other nondiscrimination provisions in any Federal or state statutes which may apply to the parties
to, or the subject matter of, this Agreement.
29. AUTHORIZED SIGNATORY. The signatory for the CONTRACTOR, below, certifies
and warrants that:
a) The CONTRACTOR'S name in this management agreement is its full name as
designated in its corporate charter, if a corporation, or the full name under which
CONTRACTOR is authorized to do business in the State of Florida.
b) He or she is empowered to act and contract for the CONTRACTOR.
c) This management agreement shall been approved by the Board of Directors of the
CONTRACTOR, if CONTRACTOR is a corporation.
30. NOTICE. Any notice required or permitted under this management agreement shall be in
writing and hand-delivered, delivered by a courier service with overnight delivery and signed
receipt, or mailed, postage pre-paid, by certified mail, return receipt requested, to the other party
as follows:
FOR COUNTY FOR CONTRACTOR
Monroe County Public Works Alfred Sanchez, CEO
1100 Simonton St., Rm. 2-231 YMCA of Greater Miami
12
Key West, Florida 33040 730 NW 1071h Ave., Suite 200
Miami, FL 33172
and
Monroe County Administrator
1100 Simonton St., Rm. 2-205
Key West, FL 33040
FOR FCT
Department of Environmental Protection
Division of State Lands
Florida Communities Trust
3800 Commonwealth Blvd. MS#115
Tallahassee, Florida 32399
31. CONTACT PERSONS. The following, or their designees, are the contact persons in
connection with this management agreement:
FOR COUNTY FOR CONTRACTOR
Robert Glassmer, Building Administrator Steve Gimenez, COO
Office Phone: 305-852-7161 305-357-4000ext. 1113
Cell Phone: 305-797-1466 or
If not available contact: David Bodnar, CFO
Public Works Division 305-357-4000 ext. 1112
Office Phone: 305-292-4560
or
County Administrator's Office
Office Phone: 305-292-4441
32. CONSENT TO JURISDICTION. This management agreement shall be construed by and
governed under the laws of the State of Florida and venue for any action arising under this
management agreement shall be in Monroe County, Florida. This agreement is not subject to
arbitration.
33. NON-WAIVER. Any waiver or any breach of covenants herein contained to be kept and
performed by either party shall not be deemed or considered as a continuing waiver and shall not
operate to bar or prevent the other party from exercising any of its remedies under this
agreement, at law or in equity for any succeeding breach, either of the same condition or
covenants or otherwise.
34. FUNDING AVAILABILITY. In the event that funds are partially reduced or cannot be
obtained or continued at a level sufficient to allow for the purchase of the services contemplated,
then the Agreement may be terminated at the option of the COUNTY upon thirty (30) days
advance written notice of termination being delivered in person or by mail to CONTRACTOR.
The COUNTY will not be obligated to pay for any services provided by CONTRACTOR after
the effective date of termination, but shall remain liable after such termination for all services
provided prior thereto including, without limitation, those payments to be made in arrears under
Section 10 and any reasonable termination payment made to the Park Manager and other staff.
13
35. PUBLIC ENTITIES CRIME STATEMENT. A person or affiliate who has been placed
on the convicted vendor list following a conviction for public entity crime may not submit a
proposal on a contract to provide goods or services to a public entity, may not submit a proposal
on a contract with a public entity for construction or repair of a public building or public work,
may not submit proposals on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, F.S. for CATEGORY TWO for a period of 36 months from
the date of being placed on the convicted vendor list. (CATEGORY TWO: $25,000.00).
36. FORCE MAJEURE. If either party shall be delayed or hindered in, or prevented from, the
performance of any work, service, or other act or obligation required under this agreement to be
performed by such party and such delay or hindrance is due to a strike, lockout, or other labor
difficulty, fire or other casualty, condemnation, war, terrorist or other enemy act, civil
commotion, riot, insurrection, a tropical storm or hurricane watch, warning or evacuation, other
atypically inclement weather (based on historical weather data), other act of God, the
requirements of any local, state or federal law, rule or regulation or other cause of a like nature
(other than financial)beyond the control of the party so delayed or hindered, then performance of
such work, service or other act or obligation shall be excused for the period of such delay and the
period for the performance of such work, service or other act or obligation shall be extended for
a period equivalent to the period of such delay.
(Signature Pages Follow)
14
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day
first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY,FLORIDA
By: By:
Deputy Clerk Mayor/Chairman
Witnesses for YMCA The Young Men's Christian Association of
Greater Miami, Inc
By:
Witness 1 Alfred Sanchez, CEO
Printed Name of Witness 1
Witness 2
Printed Name of Witness 2
MONROE COUNTY ATTORNEY
PPRIu ED AS TO FORM:
CHRISTINE M. LIMBERT-BARROWS
ASSISTANT COUNTY ATTORNEY
Date
1
POLICY FOR OPERATION OF CONCESSION STAND WITH ORGANIZATION
As per the agreement between YMCA and Monroe County, the YMCA has the right to collaborate with
organizations to operate the concession stand at the Key Largo Community Park,however the YMCA has
the right of first refusal regarding operation of the concession stand.
The organization must cooperate with the YMCA and comply with the following requirements before the
authority to operate the concession is granted:
1) The organization must obtain permission to use the county property and fill out all documentation
required, including but not limited to,request for use of county property form,hold harmless
agreement form, and proof of insurance
2) The organization must execute an agreement with YMCA to provide(at a minimum):
a) a monthly or quarterly report showing an accounting of concession stand Net Revenue from
the Key Largo Park. The organization must also agree that Net Revenue funds will benefit the
organization's activities at the Park and provide how revenue will be used by the
organization. (In accordance with the Florida Communities Trust("FCT") Grant, the written
notice and information regarding operation of the concession must be provided to both
Monroe County and FCT. The FCT may reasonably request information to evaluate the legal
and tax consequences of such activity as per the grant contract and the organization shall
cooperate to provide information if requested).
b) a list of all items to be offered for sale at the concession stand, which is subject to YMCA
approval
16
EXHIBIT A
Expense Reimbursement Requirements
This document is intended to provide basic guidelines to Human Service and Community-Based
Organizations, county travelers, and contractual parties who have reimbursable expenses associated with
Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of
Ordinances and State laws and regulations.
A cover letter(see Exhibit B) summarizing the major line items on the reimbursable expense request
needs to also contain a notarized certified statement in substantially the following form:
"I certify that the above checks have been submitted to the vendors as noted and that the attached
expenses are accurate and in agreement with the records of this organization. Furthermore, these
expenses are in compliance with this organization's contract with the Monroe County Board of County
Commissioners and will not be submitted for reimbursement to any other funding source."
Invoices should be billed to the contracting agency. Third parry payments will not be considered for
reimbursement. Remember, the expense should be paid prior to requesting a reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in the contract. This
document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to
review reimbursement requests on an individual basis. Any questions regarding these guidelines should
be directed to 305-292-3534.
Data Processing,PC Time, etc.
The vendor invoice is required for reimbursement. Inter-company allocations are not considered
reimbursable expenditures unless appropriate payroll journals for the charging department are attached
and certified.
Payroll
A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a
Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours
worked, withholding information and payroll taxes, check number and net earnings. If a Payroll Journal
is not provided, the following information must be provided: pay period, check amount, check number,
date,payee, and support for applicable payroll taxes.
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they relate to the County contract is required for reimbursement. For
overnight or express deliveries, the vendor invoice must be included.
Rents,Leases, etc.
A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable
expenses.
Reproductions, Copies, etc.
A log of copy expenses as they relate to the County contract is required for reimbursement. The log must
define the date, number of copies made, source document,purpose, and recipient. A reasonable fee for
copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished
product are required.
Supplies, Services, etc.
For supplies or services ordered, a vendor invoice is required.
17
Telefax,Fax, etc.
A fax log is required. The log must define the sender, the intended recipient, the date, the number called,
and the reason for sending the fax.
Telephone Expenses
A user log of pertinent information must be remitted including: the party called, the caller, the telephone
number, the date, and the purpose of the call.
Travel and Meal Expenses
Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses.
Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County
Code of Ordinances and State laws and regulations. Credit card statements are not acceptable
documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed.
Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel
itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice.
Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a
departure point: for example, taking a taxi from one's residence to the airport for a business trip is not
reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking
during a business trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be
registered and paid for by traveler. The County will only reimburse the actual room and related bed tax.
Room service, movies, and personal telephone calls are not allowable expenses.
Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL,PER DIEM,
MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading
must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence
or office to a point of departure. For example, driving from one's home to the airport for a business trip is
not a reimbursable expense.
Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL,PER DIEM,
MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state
that travel must begin prior to 6 a.m. for breakfast reimbursement,before noon and end after 2 p.m. for
lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement.
Non-allowable Expenses
The following expenses are not allowable for reimbursement: capital outlay expenditures (unless
specifically included in the contract), contributions, depreciation expenses (unless specifically included in
the contract), entertainment expenses, fundraising, non-sufficient check charges,penalties and fines.
18
EXHIBIT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for(Organization name)for the time period of
to
Check# Payee Reason Amount
101 Company A Rent $X,XXX.XX
102 Company B Utilities XXX.XX
104 Employee A P/R ending 05/14/01 XXX.XX
105 Employee B P/R ending 05/28/01 XXX.XX
(A) Total $X,XXX.XX
(B) Total prior payments $X,XXX.XX
(C) Total requested and paid(A+B) $X,XXX.XX
(D) Total contract amount $X,XXX.XX
Balance of contract(D-C) S X,XXX.XX
I certify that the above checks have been submitted to the vendors as noted and that the expenses are
accurate and in agreement with the records of this organization. Furthermore, these expenses are in
compliance with this organization's contract with the Monroe County Board of County Commissioners
and will not be submitted for reimbursement to any other funding source.
Executive Director
Attachments (supporting documentation)
Sworn to and subscribed before me this day of 200 by who is
personally known to me.
Notary Public Notary Stamp
19
EXHIBIT"C"
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
POLICY FOR USE OF PUBLIC FACILITIES, ROADS,BRIDGES
COUNTY MEETING ROOMS AND THEATER
MONROE COUNTY,FLORIDA
GENERAL RULES AND REGULATIONS:
Any individual or organization requesting the use of a County facility,building,park,beach, road,bridge,
airport, meeting room or theater MUST complete the "REQUEST FOR USE OF COUNTY
PROPERTY' form and return to the responsible County Department. The ORIGINAL REQUEST FOR
USE OF COUNTY PROPERTY FORM shall be submitted to the appropriate department no later than
five working days prior to the desired date. If a public assembly permit and/or extensive coordination
with other County Departments, the Sheriffs office, or State Department of Transportation is needed,
the ORIGINAL REQUEST FOR USE OF COUNTY PROPERTY FORM must be submitted no later
than ten working days prior to the desired date.
1. FEES: Fees apply to all agencies excluding for one—time uses only, divisions or departments of
any local, state, or federal Government Agency. Divisions or departments of any non-County
(whether local, state, or federal) Government Agency shall pay the same fees as all other external
users for all uses subsequent to the first in a series of recurring uses. Fees are mandatory
regardless of an organization's non-profit status, with the exception of Monroe County School
sponsored functions, all sports leagues, fitness events with 500 or less participants, and the use
of Library facilities. The County Administrator or his designee is the only individual authorized
to waive any applicable fee.
A. Fees for the use of county property are stated on pages 7, 8 and 9. If there are regular County
admission fees to the facility, those fees will be charged in addition to the group user fees.
B. If the organization, group, etc., proposes to charge an admission fee greater than $10.00 per
person, then the admission charges must be approved by County Administrator.
C. Any organization that impacts normal services to the facility will be charged the cost above
normal expenses for using the facility, in addition to the fees assessed per the schedule. The
charges will be assessed by the Public Works Director or his designee.
D. Groups whose only purpose for the use of the facility or property is for improvements (ex.
planting shade trees), shall not be required to pay user fees, however, they will be responsible
for clean up and dump fees. If part of the purpose is for facility or property improvements
(ex. planting shade trees and holding a tree selling event), the Director of Public Works or his
designee shall determine a prorated fee.
E. If an event requires additional time other than what was originally stated on the request and
for which the location was reserved, the additional time owed the County will be invoiced at
the applicable rate. Should any individual/group not pay these additional charges, then they
cannot use any County facility until the County has been reimbursed for these charges.
Non-payment of any invoice by any group, organization, agency, sponsor, etc. will result in
that group, organization, agency, sponsor, etc. not being able to use any County facility until
full payment for any and/or all outstanding invoice(s)has been received by the County.
F. There are no fees for Memorial services
G. For purposes of the provision that other governmental agencies shall pay for all but the first
in a series of recurring uses, recurring shall mean that the agency schedules at any given time
more than one future use or that the scheduling of uses for that entity becomes a de facto
pattern of recurring uses.
2. INSURANCE: Groups/organizations/sponsors/individuals shall be required to execute an
original Hold Harmless/Indemnity Agreement and furnish original insurance certificates naming
Monroe County BOCC as an additional insured (except for Worker's Compensation), unless
these provisions are waived by the Monroe County Risk Management Department. Groups
utilizing a meeting room do not need to furnish insurance documentation, however they are
required to execute the Hold Harmless/Indemnity Agreement.
Risk Management will determine if coverage may be needed as follows:
• Worker's Compensation
• General Liability
• Vehicle Liability
• Aircraft/Watercraft Liability
• Liquor Liability(if applicable and necessary)
3. 250 + PARTICIPANTS: All functions expecting 250 or more participants/spectators for more
than one day events are required to contact the Monroe County Planning Department as well as
the Monroe County Facilities Maintenance Department to obtain a Public Assembly Permit.
(Ordinance No. 030-1996)
4. ALCOHOLIC BEVERAGES: The use or sale of alcoholic beverages shall be prohibited unless
prior approval is obtained by the County Administrator or his designee. The sponsor will be
responsible for concurrence with applicable state permits and additional insurance as may be
required by the Monroe County Risk Manager. In accordance with Monroe County
Resolution No. 156-2001, adopted on March 21, 2001, the following fees must be collected
from the non-charitable organizations or social event sponsor before the County
Administrator may accept an application for the per event sale of alcoholic beverages on
County-owned property:
Number of persons expected to attend the event: Fee:
1—20 $10.00
21 —50 $20.00
51 — 100 $40.00
101 or more $50.00
All organizations must comply with the insurance requirements provided by Monroe
County Risk Management.
5. TRAFFIC CONTROL: Events,projects, etc., affecting or occurring on any road or bridge must
be pre-approved by the Monroe County Engineering Department. The use of off duty police may
likewise be required. Coordination with off duty police is the user's responsibility and shall be
coordinated directly with the police agency. In addition to the direct costs for a deputy, the
Monroe County Sheriffs Department is required to charge overhead costs. Proof of coordination
is needed.
6. BBO GRILLS: Groups/Organizations/Sponsors/individuals wishing to utilize a personal BBQ
grill other than the grills supplied by the Monroe County Facilities Maintenance Department,
which are permanently placed at the beaches or parks, will require approval from the County
Administrator or his designee prior to event. Groups are responsible for disposal of personal
grills and charcoal.
7. RECYCLING: Any and all events from any group and/or organization, profit or non-profit,
requesting use of a County facility, property, building, theatre, park, beach, road, bridge, airport,
or meeting room must comply with Monroe County's recycling efforts. Any and all
garbage/waste/debris generated by the organization using County property as defined above must
Policy for Use ofPublic Facilities 2 November 01,2012
be managed properly with all recycle materials separated and placed in marked "recycle"
collection bins. Plastic, cans, etc. must be disposed of in the appropriate containers provided by
Monroe County.
In the event there will be a large quantity of recycle materials generated or for any function
expecting 250 or more attendees/participants, the requesting group shall be responsible to provide
extra trash and recycle collection bins, i.e. if additional trash receptacles are needed a recycle bin
must accompany each additional trash receptacle, and ensure that they are placed in the
appropriate area for pick-up by the waste management contractor. Within thirty (30) days after
the event, the responsible person shall submit a report to the Monroe County Solid Waste
Department, 1100 Simonton Street, Room 2-231, Key West, FL 33040 providing the total
amount of recycled material, measured in pounds, gallons, tons; and the name and address of the
recycling facility within the County.
8. MEETING ROOMS (EXCLUDING LIBRARIES) AND THEATER: Organizations
requesting use of meeting rooms are subject to all the above rules and regulations. Monroe
County meeting rooms will be available primarily for use by the County and, on an ad hoc and
non-recurring basis, other local, state and federal government agencies. Use of meeting rooms
will also be available for organizations that represent the interests of the public. In the event of
conflicting dates, use by the Board of County Commissioners and other County entities will take
priority.
A. Meeting rooms and/or theatre may not be used before 8:00 a.m. or after 11:00 p.m.
B. County personnel will ensure the room is opened in the evening and locked at the conclusion
of the meeting.
C. Most of the equipment in the meeting rooms and/or theatre will not be available for general
public use. County staff will make available lighting, air conditioning, and a public address
system, if necessary.
D. All requests for equipment shall be made at the time the room is reserved. Special requests
for equipment after reservation or during a meeting may be denied.
E. Facilities shall not be used for personal or private profit, aggrandizement, or advertising.
F. Smoking and alcoholic beverages are prohibited.
G. Unless scheduling of recurring events occurs pursuant to a formal comprehensive agreement
executed by the user and the mayor after approval by the BOCC, there shall be no
scheduling of use of a meeting or conference room more than 30 calendar days in advance of
the proposed use.
9. COUNTY LIBRARIES: Use of Conference and Multi-Purpose Room and Audio-Visual
Equipment:
A. LIMITATIONS: Use of Library facilities is open to programs sponsored or co-sponsored by
the Library, to Monroe County, State and Federal governmental agencies, and to public
meetings held by groups headquartered in Monroe County which are civic, cultural,
educational, intellectual, or charitable in nature. Such use does not imply Library
endorsement of the aims, policies, or activities of any group. Application for the use of any
meeting room will be made with the respective Branch concerned. However, final authority
for use of space will rest with the Senior Library Administrator.
B. REGULATIONS: The following regulations apply to all programs scheduled in Library
facilities:
Policy for Use ofPublic Facilities 3 November 01,2012
1. All programs must be free of charge and open to the public as space permits. No
collections may be taken or sales made. Library facilities shall not be used for personal
or private profit, aggrandizement, or advertising.
2. In case of exhibits, the Library shall not be held responsible for loss or damage, and
any insurance arrangements will be THE RESPONSIBILITY OF THE EXHIBITOR.
Exhibitors will be required to sign waiver forms and follow Display Policy.
3. Sponsors may be required to execute a "hold-harmless" agreement and/or furnish
appropriate insurance naming Monroe County as additional insured for certain types of
programs, in compliance with the"Use of County Property"policy and procedures.
4. Monroe County governmental agencies take preference over outside groups when
scheduling the use of meeting rooms. Once an outside group has booked the room,
however, every effort shall be made to avoid a forced cancellation in favor of the
County agency.
5. Refreshments may be served only by permission and special arrangement. Smoking
and alcoholic beverages are prohibited.
6. The Library reserves the right to cancel or reschedule any program or exhibit when
necessary.
7. A key is available for meeting room use outside of regular Library hours; Library staff
will explain the procedures for such use to interested applicants. A registered designee
of the group must be present at any such meeting, to be responsible for the key and
adherence to the procedures.
8. Maintenance employees are not available to organizations at any time. Organizations
using the meeting room are responsible for any needed arrangement of furniture before
their meeting as well as rearranging and cleaning of the meeting room at the conclusion
of the meeting. Monroe County governmental agencies are responsible for making
their own arrangement with the Public Works Department for such duties and are
required to restore the meeting room to its original condition within a reasonable
amount of time following the meeting.
9. Rooms may be booked up to one year in advance; booking is done on a first come/first
served basis, with public agencies having priority.
10. The audio-visual equipment owned by the Monroe County Public Library may be used
within the library facilities, with a signed designee of the group to accept responsibility,
but may not be loaned to leave the facilities.
10. MEETING ROOM LOCATIONS:
The Gato Building The Harvey Government Center (2)
1100 Simonton Street 1200 Truman Avenue
Key West, FL 33040 Key West, FL 33040
(305)292-4441 (305)292-4431
Key West Library *Marathon Government Center (2)
700 Fleming Street 2798 Overseas Highway
Key West, FL 33040 Marathon, FL 33050
Contact: Reference(305)292-3595 (305)289-6036
Marathon Library Islamorada Library
3251 Overseas Highway 81550 Overseas Highway
Marathon, FL 33050 Islamorada, FL 33036
(305)289-6098 (305) 852-7163
Policy for Use ofPublic Facilities 4 November 01,2012
Key Largo Library Big Pine Key Library
101485 Overseas Highway 213 Key Deer Blvd
Tradewinds Shopping Plaza Winn Dixie Shopping Plaza
Key Largo, FL 33037 Big Pine Key, FL 33043
(305) 852-7164 (305) 872-0992
Big Pine Key Park Community Center
31009 Atlantis Drive
Big Pine Key, FL 33043
(305)292-4431
MEETING ROOM AND THEATER LOCATION:
Murray E. Nelson Government&Cultural Center
102050 Overseas Highway, MM 102.5
Key Largo, FL 33070
(305) 852-7161
* Groups of 15 people or less will not be allowed to schedule the meeting room located at the
Marathon Government Center. The Monroe County Public Safety Division, Department of
Emergency Management has precedence for the use of the Marathon Government Center
meeting room.
11. Permission to use County property shall not constitute a waiver of any local, state or federallaws.
12. Damage done to any County owned equipment or property during the time the County property is
utilized by the organization will be the responsibility of the organization.
13. Approval of REQUEST FOR USE OF COUNTY PROPERTY is based on availability. Monroe
County reserves the right to deny any request based on the availability of property being reserved
for use and the availability to properly staff any event or non-government function. In the event
of emergencies or the necessary scheduling of special BOCC meetings, events may need to be
rescheduled.
14. INDEMNIFICATION AND HOLD HARMLESS: The Organization/Individual covenants and
agrees to indemnify and hold harmless Monroe County Board of County Commissioners from
any and all claims for bodily injury (including death), personal injury, and property damage
(including property owned by Monroe County) and any other losses, damages, and expenses
(including attorney's fees) which arise out of, in connection with, or by reason of the
Organization/Individual utilizing the property governed by this lease/rental agreement.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
15. FEES ARE NON-REFUNDABLE. CHECKS OR MONEY ORDERS ARE TO BE MADE
PAYABLE TO MONROE COUNTYBOARD OF COUNTY COMMISSIONERS.
16. For information on requesting the use of County Property for PARKS, BEACHES, ROADS
AND BRIDGES, AND THEATER BY AREA,please contact the following:
LOWER KEYS:
Monroe County Public Works
Facilities Maintenance Department
Parks and Beaches
3583 South Roosevelt Boulevard
Key West, Florida 33040
ATTENTION: PARKS &RECREATION COORDINATOR
Policy for Use ofPublic Facilities 5 November 01,2012
PHONE: 1-888-227-8136 (Toll Free throughout the Keys) or 305 295-4385
MIDDLE KEYS:
Monroe County Public Works
10600 Aviation Boulevard
Marathon, Florida 33050
ATTENTION: PARKS &RECREATION COORDINATOR
PHONE: (305)289-6036
UPPER KEYS:
Monroe County Public Works
88770 Overseas Highway
Plantation Key, Florida 33070
ATTENTION: PARKS &RECREATION COORDINATOR
PHONE: (305) 852-7161
17. For information on requesting the use of County Property for AIRPORTS, please contact the
following:
KEY WEST INTERNATIONAL AIRPORT
3491 South Roosevelt Boulevard
Key West, FL 33040
Phone: (305) 809-5200
MARATHON AIRPORT
9400 Overseas Highway
Marathon, FL 33050
Phone: (305)289-6060
Policy for Use ofPublic Facilities 6 November 01,2012
FEE SCHEDULE
MEETING ROOMS AND THEATER
Fees will be charged for use of the premises when such use requires the expenditures of County funds
which would not be expended except for the act of making the room available for such use. This charge
shall compensate the government for the provided service only and fees will be adjusted annually to
reflect current costs.
FEES ARE NON-REFUNDABLE and are due at least TEN (10)DAYS PRIOR TO EVENT
Excluding small meeting rooms
Checks or money orders to be made payable
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
MEETING ROOMS AND THEATER (EXCEPT small meeting rooms - see below)
Monday through Evenings (5:01 pm—
Friday 8:00 am—5:00 11:00 pm), Weekends
REGULAR HOURS pm, excluding holidays OVERTIME HOURS and Holidays
Facility Charges Per Facility Charges Per
Hour Hour
One Maintenance One Maintenance
Technician $ 37.18 Technician $ 55.77
Facilities Costs $ 9.88 Facilities Costs $ 9.88
Total Hourly
Total Hourly Charges Charges Overtime
Regular Hours Hours WITHOUT
WITHOUT Channel 76 $ 47.06 Channel 76 $ 65.65
One Additional One Additional
Maintenance Maintenance
Technician per hour $ 37.18 Technician per hour $ 55.77
Total Hourly
Total Hourly Charges Charges Overtime
Regular Hours Hours Three
Two Technicians Technicians
WITHOUT Channel 76 $ 84.24 WITHOUT Channel 76 $ 121.42
Two Additional Two Additional
Maintenance Maintenance
Technicians per hour $ 37.18 Technicians per hour $ 55.77
Total Hourly
Total Hourly Charges Charges Overtime
Regular Hours Hours Three
Three Technicians Technicians
WITHOUT Channel 76 $ 121.42 WITHOUT Channel 76 $ 177.19
The number of technicians needed will be determined at the discretion of Monroe County by the size and
type of event. Should more than three (3) technicians be required for any event, the stated rate above
would increase by the respective applicable regular rate of$37.18 or overtime rate of$55.77 each hour.
The fee for use of a small meeting room which holds a maximum of ten(10)people or less is $20.00 per
hour(business hours only).
Policy for Use of Public Facilities 7 November 01,2012
To ensure time accuracy, the maintenance technician(s) will record his time on a time sheet which will
then be validated by both the technician(s) and the event representative by each signing the time sheet
daily.
CHANNEL 76 RATES:
Television coverage is available only for pre-approved County activities. Any other governmental agency
must obtain prior approval from the County Administrator. One hour prior to the meeting is needed for
the setting up of equipment, and one hour after the meeting is needed for the breakdown of equipment.
Hours, including set-up and breakdown, will be charged at the rates below, assuming Channel 76 staff is
available at the time of the activity.
Monday through Friday Evenings (5:01 pm—
8:00 am—5:00 pm, 11:00 pm), Weekends
REGULAR HOURS excluding holidays OVERTIME HOURS and Holidays
Channel 76 Per Hour Channel 76 Per Hour
One T.V. Technician $ 29.77 One T.V. Technician $ 44.65
Equipment Costs $ 145.38 Equipment Costs $ 145.38
Total for One Total for One
Technician for $ 175.15 Technician $ 190.03
DOES NOT INCLUDE MAINTENANCE TECH(S), FACILITY COSTS, MEETING ROOM OR
THEATER FEES, TAPE DUPLICATES OR SPECIAL POST PRODUCTION COSTS
COSTS DO INCLUDE A T.V CAMERA, TECHNICIAN,AND T.V. EQUIPMENT.
Policy for Use ofPublic Facilities 8 November 01,2012
FEE SCHEDULE
BUILDINGS,PARKS,BEACHES,ROADS,BRIDGES,&AIRPORTS
All fees will be payable in advance to the Monroe County Board of County Commissioners and submitted
to the Public Works Facilities Maintenance Department. Admission fees that exist will also be charged.
The Public Works Sr. Director of the Lower Keys Facilities, Director of Middle Keys and Director of
Upper Keys, or their designee(s), may require security fees and other fees related to the nature of the
event. The Monroe County Administrator reserves the right to waive fee payments.
• County Buildings and Airport Terminals:
Monday through Friday:
8:00 a.m. —5:00 p.m. $100.00 per day
Hourly Rate Before 5:00 p.m. $15.00 per hour
Hourly Rate After 5:00 p.m. $20.00 per hour
Weekends and Holidays:
8:00 a.m. —5:00 p.m. $150.00 per day
Hourly Rate $20.00 per hour
• Roads &Bridles and Airport Grounds:
Monday through Friday $100.00 per day
Weekends and Holidays $150.00 per day
• Parks &Beaches:
Groups requesting to reserve a portion of any park or beach will be charged $2.00 per person, along
with clean up fees stated below. Children 12 years of age and under will not be charged and are
exempt from paying the fee.
• Clean up and dump fees: Clean up and dump fees will be assessed based on the size of the group:
01 — 50 Person(s) $50.00
51 — 100 Persons $75.00
101-200 Persons $100,00
More than 200 Persons To be determined by
Public Works Division Director
Roman Gastesi, County Administrator
(October 2012)
Policy for Use of Public Facilities 9 November 01,2012
Exhibit D
Material Terms for Form of Use of Facility Agreement
The following reflect the material terms to be included in a Form of Use of
Facility Agreement that CONTRACTOR intends to develop as a condition for use of the
Park facilities. The Form of Facility Use Agreement may include such other terms and
provisions as the CONTRACTOR reasonably determines are necessary and appropriate.
LICENSE PERIOD. The hour time period on a evening or
afternoon specified above (the "License Period"), subject to availability.
TERMS OF USE. Licensee shall have and hereby accepts, a non-exclusive license
during the License Period to use the Facility only for the Event described above and no
other purpose, all in accordance with and subject to the terms, conditions and limitations
set forth in this Contract.
MAINTENANCE OF FACILITY. Licensee will be responsible for leaving the Facility
clear and free of trash and debris. Licensee is encouraged to provide additional trash
bags or containers for this purpose. Trash and debris are to be placed in or next to
dumpster located on the Facility. If at the end of the License Period, the Facility is not
left free and clear of all trash and debris accumulated during the Event, the $250.00
Deposit will be retained by the YMCA as liquidated damages.
CONDITION OF FACILITY. YMCA makes no representation, warranty, or guaranty
of any nature whatsoever with respect to the Facility. Licensee hereby accepts the
Facility in its "AS IS" condition. Licensee agrees that the Facility shall be returned to the
YMCA after the expiration of the License Period in the same condition as it existed at the
beginning of the License Period.
DAMAGE AND RESTORATION. In the event of any damage by Licensee or any
attendee or participant in the Event or other guest or invitee of Licensee (each, a
"Licensee Party"), Licensee shall be responsible for restoring the Facility and any
surrounding damaged area to its condition prior to the use of the Facility by Licensee. In
the event of any such damage, the YMCA may retain the Deposit to the extent of any and
all damages, costs and expenses incurred by the YMCA as a result of such damage,
without waiving any right or remedy against Licensee or any other party for additional
damages, costs and expenses incurred by the YMCA.
ASSUMPTION OF RISK, RELEASE AND INDEMNIFICATION.
(a) Licensee hereby assumes full responsibility for all risks of bodily injury, death, and
property damage, whether or not due to the negligence of the YMCA, its directors,
officers, employees, contractors, agents, representatives, members or invitees (hereinafter
referred to as the"YMCA Parties"), while Licensee or any of its officers, directors,
members, managers,partners, employees, affiliates, agents, representatives or Licensee
Invitees (each, a"Licensee Party") are in,upon or using any part of, or traveling to or
from, the Facility, including, without limitation, the risks of thrown, kicked or batted
balls, falling objects, uneven ground, holes in the ground and automobile accidents.
(b) Licensee hereby releases, waives and discharges all of the YMCA Parties from, and
covenants not to sue any of the YMCA Parties for, any and all actions, causes of action,
damages, claims and demands whatsoever (including, without limitation, for personal
injuries, death and property damage) which Licensee ever had, now has, or hereafter can,
shall or may have, arising out of or in connection with the Event and/or the entry onto
and/or use of the Facility by Licensee or any Licensee Party, whether the same arises or
is caused by the sole or joint negligence of any YMCA Party or otherwise, and whether
the same is now known or unknown, foreseen or unforeseen.
(c) Licensee hereby agrees to indemnify and to hold harmless (and if requested, defend)
all of the YMCA Parties from and against any and all claims, actions, damages, losses,
liabilities, costs and expenses of any nature whatsoever (including, without limitation, for
personal injuries, death and property damage, and reasonable attorneys fees and
expenses), whether known or unknown, foreseen or unforeseen, present or future, that
any YMCA Party may incur or suffer as a result of or in connection with the Event and/or
the entry onto and/or use of the Facility by Licensee or any Licensee Party, whether the
same arises or is caused by the sole or joint negligence of any YMCA Party or otherwise.
PARTICIPANT ASSUMPTION OF RISK, RELEASE AND INDEMNITY
AGREEMENT. Licensee shall obtain from each adult participant in the Event and from
an authorized legal guardian of each minor person participating in the Event(each, a
"Licensee Invitee") and deliver to the YMCA prior to the start of the Event a signed
original assumption of risk, release and/or indemnity agreement in such form as the
YMCA may require (a"Release"). Licensee acknowledges and agrees that no person
shall be permitted to participate in the Event or enter upon the Facility unless such a
signed original Release for such person has been delivered to the YMCA prior to the start
of the Event, and that the YMCA may exclude or remove from the Facility any and all
such persons for whom such a Release is not delivered to the YMCA prior to the start of
the Event.
PARTICIPANT CONDITIONS AND SPECIAL NEEDS. Licensee shall be solely
responsible for determining and responding to any and all applicable physical, medical,
mental and/or behavioral conditions of each person attending the Event(including,
without limitation, allergies and medications being taken) and for determining whether
each person attending the Event is physically and mentally capable of safely participating
in the Event. Licensee shall not permit any person to enter or use the Facility or
participate in the Event unless such person is physically and mentally capable of safely
doing so. Within five (5)business days prior to the Event, Licensee shall notify the
YMCA in writing of any special needs or accommodations that are required at the
Facility for any participant in the Event.
INSURANCE. The license provided for in this Contract is granted on the condition that,
and Licensee hereby agrees that, Licensee shall maintain or cause to be maintained, at its
sole cost and expense, such liability insurance covering the Facility and the License
Period, on an occurrence basis, as the YMCA may reasonably request. Licensee shall not
have any right to use the Facility unless and until Licensee shall have delivered to the
YMCA evidence reasonably satisfactory to the YMCA that all insurance required by the
YMCA hereunder is in effect and fully paid for and that all such liability insurance names
the YMCA as an additional insured.
2
NO ALTERATIONS AND IMPROVEMENTS. Licensee shall not make or permit
any Licensee Party to make any permanent or temporary alterations, improvements or
additions to the Facility.
REQUIRED PERMITS AND LICENSES. Licensee, at Licensee's sole expense, shall
obtain all permits and licenses required by applicable governmental authorities for the
Event and/or Licensee's use of the Facility, and shall deliver a copy thereof to the YMCA
prior to the start of the Event.
COMPLIANCE WITH LAWS. Licensee shall at all times comply with all, and not
commit or permit any violation of any, applicable laws, orders, and regulations of all
applicable governmental authorities pertaining to Licensee or its use of the Facility.
YMCA's RIGHT TO SUPERVISE. YMCA shall have the right, but not the obligation,
at all times to have one or more of its representatives present at the Facility to supervise
Licensee's use of the Facility.
TERMINATION AND OTHER REMEDIES. Licensee agrees that the YMCA has the
right to immediately terminate this Contract for non-payment when due of any amount
payable by Licensee under this Contract or otherwise owed by Licensee to the YMCA, or
for any other failure by Licensee to fully perform its obligations under this Contract, or
for any behavior of Licensee or any Licensee Party that interferes with the use or
enjoyment of the YMCA by other participants or staff, as determined in the sole
discretion of the YMCA. The foregoing termination rights are in addition to any and all
other rights and remedies available at law or in equity.
ASSIGNMENT. Licensee shall not assign or otherwise transfer this Contract or any of
its rights and obligations hereunder without the prior written consent of the YMCA. Any
unpermitted assignment or transfer of this Contract or of Licensee's rights or obligations
hereunder made without the YMCA's prior written consent shall be void and such
assignee or transferee shall acquire no rights hereunder.
RELATIONSHIP. The relationship between the parties to this Contract is solely that of
licensor and licensee. Nothing contained in this Contract shall be deemed to create any
landlord-tenant relationship,joint venture,partnership or any other relationship between
the parties other than that of licensor and licensee. Neither party shall act toward third
parties or the public in any manner which would indicate any relationship other than that
of licensor and licensee.
TIME OF THE ESSENCE. Time is of the essence for each of the parties to perform its
obligations under this Contract.
COSTS OF ENFORCEMENT. In connection with any action arising from or in
connection with this Contract, the prevailing party shall be entitled to an award of its
costs and expenses, including reasonable attorneys' fees and disbursements, incurred or
paid before and at trial or any other proceeding which may be instituted, at any tribunal
level.
NO ORAL MODIFICATIONS. No amendment, modification, waiver or discharge of
this Contract, or any provision hereof(including, without limitation, this sentence) shall
be valid or effective unless in writing and signed by the party against whom enforcement
3
of such amendment, modification, waiver or discharge is sought and then only to the
extent set forth in such writing.
INTERPRETATION. The captions used in this Contract are for convenience of
reference only and shall not be construed to extend, limit or modify the scope or meaning
of the respective paragraphs to which they relate. This Contract shall not be construed
more strictly against one party than against the other merely by virtue of the fact that this
Contract may have been physically prepared by one of the parties, it being agreed that all
parties have participated in the negotiation and preparation of this Contract.
ENTIRE AGREEMENT. This Contract contains the entire agreement between the
parties with respect to the subject matter hereof and supersedes any and all prior and
contemporaneous negotiations, representations, understandings and agreements with
respect to the subject matter hereof, whether written or oral, all of which are merged into
this Contract.
NOTICES: All notices, demands, requests, consents, approvals or other
communications (collectively, "Notices")required or permitted to be given hereunder or
which are given with respect to this Contract shall be effective only if in writing and
delivered by personal service, or delivered to an overnight courier service with
guaranteed next day delivery or mailed by registered or certified mail, return receipt
requested,postage prepaid, addressed as follows: (a) if to the YMCA: 1200 NW 78th
Avenue, Suite 200, Miami, Florida 33126, attention: Vice President, Human Resources
and Risk Management and(b) if to Licensee at the address set forth above, or to such
other address as such parry shall have specified most recently by like Notice. Any Notice
given as provided herein shall be deemed received as follows: if delivered by personal
service, on the date so delivered; if delivered to an overnight courier service, on the
business day immediately following delivery to such service; and if mailed, on the third
business day after mailing.
NO OFFER OR SOLICITATION. The submission of this Contract for examination or
execution does not constitute an offer or solicitation to enter into this Contract, and this
Contract shall become effective only upon execution and delivery hereof by both parties.
FORCE MAJEURE. The YMCA shall be excused from performing any obligation
under this License in the event that the performance of any such obligation is rendered
illegal or impossible due to: (i) act of God or public enemy, fire, wind storm, flood,
explosion, action of the elements, war, invasion, insurrection, riot, mob violence,
sabotage, inability to procure or general shortage of labor, equipment, facilities, materials
or supplies in the ordinary course; (ii) condemnation, requisition, law, order, or judicial
ruling of governmental or civil or military authorities; or (iii) any other cause, whether
similar or dissimilar to the foregoing, not within the control of the YMCA.
4
Key Largo YMCA Program Pricing 2012
Pee Wee Soccer $55 per child (plus one time$20 annual program fee)
Tennis $80 per month per child
Flag Football $65 per child (plus a one time$20 annual program fee)
After School Care $40 per week
Summer Day Camp $100 per week
EXHIBIT "E"
the . FOR YOUTH DEVELOPMENTO
FOR HEALTHY LIVING
FOR SOCIAL RESPONSIBILITY
OrEikA4S
FOR irOlrS
Pee Wee Soccer
UPPER KEYS YMCA PROGRAM CENTER
Want you little one to be the next Beckham, Mia or Pele? Everyone starts somewhere. in our Tiny Tots
Soccer Program we teach kids all the soccer fundamentals—kicking,dribbling,balance, basic rules
sportsmanship and teamwork. Children will have lots of time to practice In a scrimmage setting, boosting
their confidence, abilities and determination. When your children play soccer at the Y,they learn our four
core values and discover a love for the game—register todayl
Ages:3-4
Dates:September 4—October 11
Picture Day:September 18
Timess Practice on Tues;games on Thurs.
LOCATION: 500 St. Croix Place,
Key Largo, FL 33037 f
COST:$55 (+$20 Program r ::
Membership for non-members)
QUESTIONS? Talk to Kerry Cosme
or call 305-453-3422 .
r.
i ;fs
l% -
UPPER KEYS YMCA TENNIS
PROGRAM
WHO: Beginners ages 5 to 10 - 4: 30pm to
5:30pm (space limited)
Beginners & Intermediate Ages 11 and Up
5:30 pm - 6:30 pm
Beginners ages 5 to 10 - 6:30pm to 7:30
pm instruction
Advanced Students - 5:30pm to 7:30 pm
(Mondays and Wednesdays)
Where: Key Largo Community Park's Tennis Courts
When: Tuesday & Thursdays
Sessions run throughout the year
Cost: $160.00 for two month session
$80.00 by the month / $40.00 weekly
Private instruction @ $35.00 / hr.
Advanced extras - TBA
Please bring a water bottle, wear sun screen and a
hat
For more information or to schedule:
Call Debbie Williams - (305)394-7409
Or Coach Jason - (305)849-1490
the
FOR YOUTH DEVELOPMENT'
FOR HEALTHY LIVING
FOR SOCIAL RESPONSIBILITY
TRAINING FOR
FUTURE S S
Youth Flag Football
YMCA AFTERSCHOOL—ENRICHMENT
Every Sunday, millions of people tune in to watch America's
favorite sport. Football is action-packed and requires
players to exhibit superior speed, strength and
intelligence. But that doesn't mean it has to be
dangerous. Give your child the chance to learn
the fundamentals of the game in a safe, fun way.
AGES: 5-7
DATE: February 6th- April 4th
TIMES Mondays and Wednesdays 5:30-6-.30pm
LOCATION: KL Community Park Out back.By Tennis Courts
COST: $65.00
QUESTIONS? Contact Kerry Cosme
453-3422 or email at
kcosme@ymcamiam.org
Please like out Facebook page Upper
Keys YMCA Program Center
Public Works Division
RESOLUTION NO. 239 -2006
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA,RATIFYING RULES AND REGULATIONS
FOR THE SKATE PARK AT KEY LARGO COMMUNITY PARK
WHEREAS,the Skate Park officially opened on March 25,2006,and
WHEREAS, staff developed rules and regulations governing the Skate Park, which are printed on the
release and waiver of liability form obtained by each participant and are posted on signage installed at the Park;now,
therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA,that the Board hereby ratifies the following rules and regulations for the Skate Park located at Key Largo
Community Park:
1. Each skater must have a signed release and waiver of liability before entering the skating
area. Participants under 18 must have their parent/guardian sign the release and waiver
for them.
2. Each skater must sign in and be cleared through the skate facility office prior to entering
the skating area
3. Each skater must wear a helmet,elbow pads,knee pads,and wrist guards while on the
skating surface.
4. Only skateboards and inline skates are permitted.
5. Shirts and appropriate clothing must be worn at all times.
6. No profanity or inappropriate wording on clothing. The park staff will determine
inappropriate attire.
7. Cursing,swearing,use of foul or inappropriate language will not be tolerated.
8. An adult 18 years or older must accompany anyone under the age of 10.
9. Food(including gum and candy)and beverages are not allowed on the skating surface.
10.Possession or consumption of any intoxicating beverage or controlled substance is
prohibited.
11.Smoking is prohibited inside the skating facility.
12.Coolers,backpacks,and boom boxes will not be allowed in the skating area
13.Monroe County and the Upper Keys Family YMCA,as the park operator,have exclusive
discretion to close the Skate Park due to inclement weather or for any other at any time.
14.Waxing is not allowed.
15.Inappropriate behavior will not be tolerated.
16.Skaters and skateboarders must practice courtesy.
17.Skating will be allowed under the supervision of Upper Keys YMCA staff only. The
attendant in charge will have the authority to limit the number of participants at any time
to ensure safety and to evaluate skill level of patrons.
18.Anyone exhibiting reckless behavior or throwing/placing any foreign objects inside the
skating area or endangering patrons and/or spectators will be escorted out of the park by
park staff or the Monroe County Sheriff's Department.
19.NO REFUNDS
20.There is to be no trespassing after the facility is closed.Trespassers will be prosecuted to
the fullest extent of the law.
Exhibit"F"
Pagel of 2
21.Rain checks will be given only within the first hour of participation.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida,at a regular
meeting of said Board held on the 21 S'day of June AD 2006.
Mayor McCoy Yes
Mayor Pro Tem Spehar Yes
Commissioner Nugent Yes
Commissioner Rice Yes
Commissioner Patton Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE CQ124TY,FLORIDA
' t Ma r hairman
At}[es i3°►IV1 ':Y:.KOLHAGE,Clerk
B
Deputy Clerk
MONROE COUNTY ATTORN Y
AP OVER AS TO F
ZANNE
D� COUNTYA%�
CD
N
_ On= co C CJ
c7 r- p
J�r 3 i�zl
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Exhibit"F"
Page 2 of 2
NON»COLLUSION AFFIDAVIT
1 _ of the city of according
to law on my oath,and under penalty of perjury,depose and say that:
1. Iam reezfjQ� aIVJ cto
of the firm of 7"h M CA o ' �t
making the Proposal for the services/work/project described in the Request for
Proposals for:
and that I executed the said Proposal with full authority to do so:
2. The prices in this proposal have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter relating
to such prices with any other proposer or with any competitor.
3, Unless otherwise required by law,the prices and percentage of return which have been quoted in
this proposal have not been knowingly disclosed by the responder and will not knowingly be
disclosed by the responder prior to. Proposal opening, directly or indirectly, to any other
responder or to any competitor..
4. No attempt has been made or will be made by the responder to induce any other person,
partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting
competition.
5. The statements contained in this affidavit are true and correct, and made with full knowledge that
Monroe Co relies upon the truth of the statements contained in this affidavit in awarding
contr or the services/work.
111612o12-
ngna of oser) (Date)
STATE OF: F1ort
COUNTY OF: /�
PERSONALLY APPEARED BEFORE ME,the undersigned authority, H I-�rr&a Sga6f,&ho, after
first being sworn by me, (name of individual signing)affixed his/her signature in the space provided above
on this day of a_Q 20.1,E
NOTMK PUBLIC
My Commission Expires:
4-?w
TERESITA QARRID0 ABOFF
MY COMMISSION#EE183538PIRES Apr1129,2016
98O1S3 EX FbTId�NoI�ySNrlcw,ca�n
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO.010-1990
MONROE COUNTY,FLORIDA
ETHICS CLAUSE Alfred Sanchez
President and CEO
It
(Company Officer/Partner/Individual)
warrants that befit has not employed, retained or otherwise had act on his/its behalf any former County officer or
employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion,
terminate this Agreement without liability and may also;in its discretion,deduct from the Agreement or purchase price,
or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former
County officer or employee.
gnature)
Date:..._ if f 612 0 12r
STATE OR �I CL`Cx�l,
COUNTY OF:
Subscribed and sworn to(or affirmed)before me on
(date)by 5 C��"e�� (name of afftant). HefShe is personally
known to me or has produced as
identification. (type of identification)
4TAjRY PUBLIC
My commission expires:
Y ,w TERE8I717A GARRlllO ASQFF
=`,•. ••e MY COMMISSION#EE193530.
EXPIRES April 29,2016
1407)9918,003 F7arldaN cam
DRUG-FREE WORKPLACE FORM
The undersigned Conlractorlbidder/responder in accordance with Florida Statute 287,087 hereby certifies
that:
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession,or use of a controlled substance is prohibited in the workplace and specifying the actions that will
be taken against employees:For violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplac, the business's policy of maintaining
a drug-free workplace, any available drug counseling,rehabilitation, and employee assistance programs, and
the penalties that may be imposed upon employees for drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that are under
proposal a copy of the statement specified in subsection(1).
4. In the statement specified in subsection(1), notify the employees that, as a condition of working on the
commodities or contractual services that are under proposal, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any
state,for a violation occurring in the workplace no later than five(5)days after such conviction.
5. Imposes a sanction on,or requires the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community,or any employee who is so convicted.
b. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirem
Prop 's Signature
11/12 e3 I'2_
Date
N646IRY PUBLIC
My Commission Expires:
TERESiTA GARRIDO ASOFF
?•; •*: MY COMMISSION#EE193538
o,• , ,.' EXPIRES April 29.2016
;407)3BSAt53 FW&N .cam